Ira S. Bushey & Sons, Inc. v. U.S.: Difference between revisions

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|subject=Business Associations
|subject=Business Associations
|appealed_from=
|appealed_from=
|case_treatment=No
|overturned=
|partially_overturned=
|reaffirmed=
|questioned=
|criticized=
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|facts=Bushy owned dry docks upon which US Coast Guard Vessel Tamaroa was dry docked for repairs. Just after midnight on the night in question, a drunk seaman Lane entered the docks and turned valves to flood the tanks on one side of the dock. The dock w/ ship listed to the side, and the ship slid off the dock, colliding with a wall, then partially sunk.
|procedural_history=
|issues=Is the US responsible for the actions its employee took?
|arguments=
|holding=Yes.
|judgment=
|reasons=Occurrence was more related to occupation than person life of Seaman. There was enough risk of some sort of harm that US should bear burden
|rule=
|comments=Judge basically said that law should perhaps change.
|case_text_links=
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}}
}}
'''Facts''': Bushy owned dry docks upon which US Coast Guard Vessel Tamaroa was dry docked for repairs. Just after midnight on the night in question, a drunk seaman Lane entered the docks and turned valves to flood the tanks on one side of the dock. The dock w/ ship listed to the side, and the ship slid off the dock, colliding with a wall, then partially sunk.
'''Issue''': Is the US responsible for the actions its employee took?
'''Holding''': Yes.
'''Reasons''': Occurrence was more related to occupation than person life of Seaman. There was enough risk of some sort of harm that US should bear burden
'''Comments''': Judge basically said that law should perhaps change.

Revision as of 01:06, September 17, 2020

Ira S. Bushey & Sons, Inc. v. U.S.
Court
Citation
Date decided April 3, 1974

Facts

Bushy owned dry docks upon which US Coast Guard Vessel Tamaroa was dry docked for repairs. Just after midnight on the night in question, a drunk seaman Lane entered the docks and turned valves to flood the tanks on one side of the dock. The dock w/ ship listed to the side, and the ship slid off the dock, colliding with a wall, then partially sunk.

Issues

Is the US responsible for the actions its employee took?

Holding

Yes.

Reasons

Occurrence was more related to occupation than person life of Seaman. There was enough risk of some sort of harm that US should bear burden

Comments

Judge basically said that law should perhaps change.

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